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North Dakota

Comprehensive Privacy Law

North Dakota does not currently have a comprehensive data privacy law in effect[1]. Unlike states such as California, Virginia, and Colorado, North Dakota residents do not have broad statutory rights to control how businesses collect, use, and share their personal information. The state operates primarily under federal privacy protections and limited sector-specific state regulations.

Legislative Activity

North Dakota has made several unsuccessful attempts to enact comprehensive privacy legislation. In 2019, House Bill 1485 was introduced to establish data protection guidelines similar to the California Consumer Privacy Act, but was amended to create only a legislative study committee[2]. Following the study, lawmakers proposed House Bill 1330 in the subsequent legislative session, which would have required opt-in consent for personal data sales and provided a private right of action for consumers. However, the House Industry, Business, and Labor Committee voted 12-1 against advancing the bill, citing concerns that it was not comprehensive enough[2].

Implementation Timeline

Currently, there is no scheduled implementation timeline for comprehensive privacy legislation in North Dakota. The state has enacted some narrow privacy-related laws, including an age verification requirement for adult content websites that took effect in early 2025[3], and financial data security requirements for certain nonbank financial institutions under House Bill 1127, which became effective August 1, 2025[4]. However, these laws address specific sectors rather than providing general privacy protections for all consumers.

Your Rights as a North Dakota Resident

Since North Dakota lacks a comprehensive privacy law, residents have limited state-level privacy rights compared to other states. The rights that do exist are primarily sector-specific or related to data breaches.

  • Data breach notification rights: You have the right to be notified if a business experiences a security breach affecting your personal information, including your name combined with Social Security numbers, driver’s license numbers, or financial account information[1][5]
  • Victim privacy protections: Under Marsy’s Law, crime victims have the right to prevent disclosure of information that could be used to locate or harass them, including home addresses, phone numbers, and email addresses[6]
  • Limited financial data protections: If you use services from certain nonbank financial institutions regulated by the state, you have some protections under enhanced cybersecurity requirements that took effect in August 2025[4]
  • Age verification protections: Minors are protected from accessing adult content online through age verification requirements implemented in 2025[3]

Unlike residents of states with comprehensive privacy laws, North Dakota residents currently lack broad rights to know what personal information businesses collect about them, to request deletion of their data, to opt out of data sales, or to correct inaccurate information held by most businesses.

Business Requirements

North Dakota imposes limited privacy-related requirements on businesses, primarily focusing on data breach notifications and specific industry sectors.

  • Data breach notification: Any business conducting operations in North Dakota that owns or licenses computerized personal information must notify affected residents “in the most expedient time possible” following a security breach[1][5]
  • Attorney General reporting: Businesses must notify the North Dakota Attorney General by mail or email if a breach affects more than 250 individuals[1][5]
  • Financial institution requirements: Certain nonbank financial institutions, including money transmitters, collection agencies, and payday lenders, must implement comprehensive cybersecurity programs including risk assessments, regular testing, encryption requirements, and breach reporting within 45 days if 500 or more consumers are affected[4][7]
  • Adult content age verification: Websites where more than 33.3% of content is considered harmful to minors must implement robust age verification systems using government-issued ID or secure third-party services[3]

Practical Impact

  • Limited daily privacy protections: North Dakota residents have fewer tools to control how businesses collect and use their personal information compared to residents of states with comprehensive privacy laws, meaning less control over targeted advertising, data sharing with third parties, and personal information retention
  • Breach notification benefits: When data breaches occur, residents receive timely notifications that help them take protective steps such as monitoring credit reports or changing passwords[5][8]
  • Complaint resolution challenges: The North Dakota Attorney General’s Consumer Protection Division handles consumer complaints and can mediate disputes with businesses, but lacks broad privacy enforcement authority[9][10]
  • Limited enforcement mechanisms: Without comprehensive privacy legislation, residents cannot pursue private legal action for most privacy violations and must rely primarily on federal protections or industry-specific regulations

Comparison Context

  • Behind leading privacy states: North Dakota significantly lags behind states like California (CCPA/CPRA), Virginia (VCDPA), Colorado (CPA), and others that provide comprehensive rights to know, delete, correct, and opt out of data processing activities
  • Missing key protections: Residents lack the private right of action available in some other states, comprehensive opt-out rights for data sales, and the ability to request detailed information about how businesses use their personal data
  • Limited regulatory oversight: Unlike states with dedicated privacy agencies or enhanced attorney general powers for privacy enforcement, North Dakota’s privacy enforcement is primarily reactive and focused on breach notifications
  • Sectoral approach: While some states are moving toward comprehensive frameworks, North Dakota continues to address privacy through narrow, industry-specific measures rather than broad consumer protections

Action Steps for Residents

  • Monitor your accounts: Since breach notification is one of the few protections available, promptly review notifications from businesses and take recommended protective steps like changing passwords or monitoring credit reports
  • Contact legislators: Express support for comprehensive privacy legislation to your state representatives, particularly given the previous failed attempts and the need for broader consumer protections
  • Use federal resources: Take advantage of federal privacy rights under laws like COPPA for children’s data, HIPAA for health information, and FCRA for credit reporting
  • File consumer complaints: Report privacy-related issues to the North Dakota Attorney General’s Consumer Protection Division, which may be able to mediate disputes even without specific privacy law authority[9]
  • Stay informed: Monitor legislative activity and public comment opportunities for future privacy legislation attempts

Official Resources and Contact Information

North Dakota Legislature

Contact your state representatives to advocate for comprehensive privacy legislation. The Legislative Council can provide information about current and proposed legislation.

Phone: (701) 328-2916
Email: lcouncil@ndlegis.gov
Address: State Capitol, 600 East Boulevard, Bismarck, ND 58505-0360

North Dakota Attorney General – Consumer Protection Division

File consumer complaints and report potential privacy violations. The Consumer Protection Division handles complaints about misleading, deceptive, or unlawful trade practices.

Phone: (701) 328-3404 or (800) 472-2600 (In-State Only)
Email: ndag@nd.gov
Address: 1720 Burlington Drive, Suite C, Bismarck, ND 58504-7736
Online Complaint Form: Available on the Attorney General’s website for consumer complaints

North Dakota Department of Financial Institutions

For issues related to financial data security and privacy with regulated financial service providers.

Phone: (701) 328-9933
Address: 2000 Schafer Street, Suite G, Bismarck, ND 58501

Finding Your Representatives

Use the North Dakota Secretary of State’s website to identify your specific legislative district and representatives based on your address. Contact information for individual legislators is available through the Legislative Council.

Secretary of State Elections Division: (701) 328-4146
Email: soselect@nd.gov

Sources and Citations

Last Updated August 2025. Written with contributions from both human authors and Perplexity AI. If you find incorrect or outdated information let us know at support@optery.com.

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